140 F.2d 730 | 5th Cir. | 1944
National Labor Relations Board petitions for enforcement of its order issued against Montag Brothers, Inc., pursuant to Section 10(c) of the National Labor Relations Act, 49 Stat. 449, 29 U.S.C.A. § 151 et seq.
Montag Brothers is a Delaware corporation doing business in the State of Georgia. It has its principal place of business in Atlanta, where it is engaged in the manufacture, sale and distribution of social stationery, school tablets, and allied items.
It is without dispute that the Corporation was engaged in interstate commerce, and no question is raised as to jurisdiction.
The important facts are these: United Wholesale, Retail and Warehouse Employees of America, affiliated with the C. I. O. attempted to organize Corporation’s employees into a union in April, 1941. On November 7, 1941, an election was held under Board auspices to determine whether or not the employees wanted to be represented by this union. They voted against such representation and thereafter no attempt was made to further organize this union.
An attempt was made to organize the employees of the printing department early in November, 1942, under the American Federation of Labor; this union filed a petition with the Board for investigation and certification of representatives. The unit sought to be organized numbered about twenty-two employees of the printing department. Notice was issued for a hearing on November 10, 1942. On November 9, the pressmen struck without previous warning and picketed the plant. The parties agree that this strike was not authorized by appropriate union authority and did not result from any unfair labor practices on the part of the Corporation. It involved twenty-two of the three hundred fifty employees of Corporation in Atlanta. Picketing continued until about December 23, 1942.
On November 9, 1942, when approximately twenty-four employees of the Corporation appeared for work they found a picket line and refused to enter the plant, and so did not work on that day. Two of that number, McCain and Kuykendall, did not cross the picket line or enter the plant, but remained in the vicinity of the plant on the 9th and 10th of November. These two women had -been leaders in the attempted organization of the union in the spring of 1941. They were not interested in the strike directly, but one had a relative who was interested, and after consultation and inquiry they called up an officer of the Corporation and asked to be allowed to return to their positions. A number of the employees who had remained away from work altogether, but who were not employed in the press department, including these two women, were instructed to report at the office on the morning of November 11, 1942. They were each in
On the 16th day of July, 1943, the Board issued its order to Corporation to cease and desist from discouraging membership in United Wholesale, Retail and Warehouse Employees of America, C. I. O., or any other labor organization of its employees, or in any other manner discriminating in regard to hire or tenure of the employment of its employees; and in any other manner interfering with, restraining, or coercing its employees in the exercise of their right of self-organization to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing. Further, the Board ordered Corporation to make whole Lorene McCain and Ella Kuykendall for any loss of pay they may have suffered by reason of the Corporation’s discrimination against them, by payment to each of them such sum of money as will be equal to the amount which each normally would have earned as wages during the period from November 11, 1942, the date of Corporation’s refusal to reinstate them, and their re-employment on January 4, 1943, less their net earnings during that period; and to post notices, etc.
A careful consideration of all the evidence leads to the conclusion, and we so find, that there was substantial evidence to warrant the Board in its findings and conclusions. N. L. R. B. v. Express Pub. Co. 312 U.S. 426, 61 S.Ct. 693, 85 L.Ed. 930; N. L. R. B. v. Entwistle Mfg. Co., 4 Cir., 120 F.2d 532; Owens-Illinois Glass Co. v. N. L. R. B., 6 Cir., 123 F.2d 670; N. L. R. B. v. Abbott Worsted Mills, 1 Cir., 127 F.2d 438.
The Board’s petition for enforcement is granted.